Hunter v. Hallett
New York Court of Chancery
The bill in this cause was filed to foreclose an equity of redemption and for the purpose of obtaining a sale of mortgaged premises. The mortgage had been executed to the trustees of the complainant’s late wife, Elizabeth Hunter, formerly Elizabeth Desbrosses; and the trust was created by a deed which she had executed of her personal estate before her marriage.
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The bill in this cause was filed to foreclose an equity of redemption and for the purpose of obtaining a sale of mortgaged premises. The mortgage had been executed to the trustees of the complainant’s late wife, Elizabeth Hunter, formerly Elizabeth Desbrosses; and the trust was created by a deed which she had executed of her personal estate before her marriage. During the coverture, the bond and mortgage came into the hands of the complainant, under an instrument in writing, by which the surviving trustee, at the request of Mrs. Hunter, and with the consent of the complainant, relinquished…
1Opinion of the Court
The Vice-Chancellor.
The law has very clearly deter-
mined what the rights of the husband are in the dioses in ac-lion belonging to the wife at the time of the marriage or which accrue to her during coverture. He has in them only a qualified property; that is to say, if he reduce them into possession during the wife’s lifetime, they become his property absolutely, if he do not, and she should survive him, then they remain her own by survivorship; but, if she should die in her husband’s lifetime, then he becomes entitled: whether in virtue of his marital right by survivorship, or only as…
2Cited by4 opinions
- Clason v. LawrenceNew York Court of Chancery · 1835
- Foehner v. HuberAppellate Division of the Supreme Court of the State of New York · 1899
- McKernan v. Thomas Conville Brewing Co.Appellate Terms of the Supreme Court of New York · 1904
- Richter v. HannemanU.S. Circuit Court for the District of Southern New York · 1902